Article 1(Establishment and duties) #
An obligatory firefighting unit shall be established under the jurisdiction of the head of a fire service agency prescribed by Presidential Decree to assist in fire service duties, such as precaution against, and extinguishment of a fire and rescue and first-aid services in the event of a disaster or catastrophe.
Article 2(Organization) #
(1) The members of an obligatory firefighting unit shall be comprised of obligatory fire fighters appointed pursuant to Article 3 and firefighting officials under the Fire Officials Act. <Amended on Mar. 24, 2006>
(2) Matters concerning the formation and organization of an obligatory firefighting unit shall be prescribed by the Fire Commissioner of the National Fire Agency. <Amended on Mar. 11, 2004; Nov. 19, 2014; Jul. 26, 2017>
Article 3(Appointment and recommendation of obligatory firefighters) #
(1) The obligatory firefighters shall be appointed from among those who have been seconded pursuant to Article 25 (1) 1 of the Military Service Act. <Amended on Mar. 24, 2006>
(2) A person scheduled to be appointed as an obligatory firefighter who will be eligible for secondment pursuant to Article 25 (1) 1 of the Military Service Act shall be recommended by the Fire Commissioner of the National Fire Agency to the Minister of National Defense, as prescribed by Presidential Decree, from among persons who are 18 years of age or older (excluding persons determined to be conscripted as active duty servicemen). <Amended on Mar. 11, 2004; Mar. 24, 2006; Nov. 19, 2014; Jul. 26, 2017>
Article 3-2(Grounds for disqualification) #
None of the following persons shall be disqualified from being appointed as an obligatory firefighter. <Amended on May. 29, 2016>
1. A person who evades or has evaded a draft physical examination or enlistment in the military;
2. A person who has been sentenced to suspension of qualifications or heavier punishment and for whom the execution of such sentence has not been completed (including where the execution of such sentence is deemed to have been completed) or exempted after the sentence became final and conclusive.
[This Article Newly Inserted on Mar. 24, 2006]
Article 4(Service) #
Matters necessary for the appointment, remuneration, service, ipso facto retirement, ex officio dismissal, leave of absence, etc. of obligatory firefighters shall be prescribed by Presidential Decree. In such cases, no disadvantage or discrimination shall be made in terms of appointment, remuneration, service, ipso facto retirement, ex officio dismissal, leave of absence, etc. on the grounds that obligatory firefighters have not been declared bankrupt and have not been reinstated. <Amended on Sep. 22, 2006>
Article 4-2(Education and training) #
(1) The head of an agency to which an obligatory firefighting unit belongs shall provide education (including health and safety education related to the performance of duties) and training for obligatory firefighters.
(2) Matters necessary for the details, frequency, methods, etc. of education and training under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Newly Inserted on Apr. 18, 2017]
Article 5(Disciplinary action) #
(1) Disciplinary actions against obligatory firefighters shall include detention in a guardhouse, and probation.
(2) Detention in a guardhouse means confining the relevant person in an obligatory firefighting unit or other detention place, and the period shall not exceed 15 days.
(3) Probation means prohibiting one from performing regular duties, except in cases of training or eduction, and having the person reflect on his misdeed at a certain place, and the period shall not exceed 15 days.
(4) Reprimand means admonishing one for the person‘s previous offense and causing him to repent it.
Article 6(Appeals) #
An appeal filed by an obligatory firefighter who objects to ex officio dismissal from office or a disciplinary action under Article 5 shall be reviewed by a firefighting officials’ disciplinary committee established in the agency to which the relevant obligatory firefighting unit belongs, and the opponent shall comply with the relevant disposition until a decision on the appeal is made.
Article 7(Benefits for death or injury in the line of duty) #
When an obligatory firefighter retires or dies (including where he dies due to injury) after having been injured in the line of duty, benefits prescribed by Presidential Decree equivalent to that of military personnel shall be paid to the relevant person.
Article 8(Compensation and medical treatment) #
(1) The bereaved family of obligatory firefighters who retire after having been injured in the line of duty and who died (including cases of death due to injury) shall be eligible for compensation under Act on the Honorable Treatment of and Support for Persons of Distinguished Service to the State or the Act on Support for Persons Eligible for Veteran’s Compensation. In such cases, matters concerning the scope of, standards, etc. for, persons eligible for compensation shall be prescribed by Presidential Decree. <Amended on Mar. 24, 2006; Sep. 15, 2011>
(2) An obligatory firefighter who has been injured or contracted a disease in the line of duty may receive gratuitous medical treatment at a medical facility prescribed by Presidential Decree. <Amended on Mar. 24, 2006>
[Title Amended on Jan. 27, 2016]
Article 9(Penalty provisions) #
(1) A person who deserts his post with intent to evade service or a person who deserts his post and does not return thereto within a reasonable period without good cause shall be punished by imprisonment with labor for at least 1 year but not more than 7 years.
(2) A person who leaves his workplace or designated place without good cause shall be punished by imprisonment with labor for not more than 1 year.
(3) A person who neglects his duty without good cause, in violation of the service rules, shall be punished by imprisonment with labor for not more than 1 year.
(4) A person who inflicts an injury on his own body with intent to evade service shall be punished by imprisonment with labor for not more than 2 years.
(5) A person who feigns illness or uses another ploy with intent to evade service shall be punished by imprisonment with labor for not more than 1 year. <Amended on Jan. 27, 2016>
(6) A person who gives a false notice, or makes a false report in relation to his duty shall be punished by imprisonment with labor for not more than 1 year.
Article 10(Penalty provisions) #
(1) A person who resists or disobeys a legitimate order of his superior shall be punished by imprisonment with labor for not more than two years.
(2) The ringleader or prime mover from among persons who commit any offense referred to in paragraph (1) in a group shall be punished by imprisonment with labor for not less than 1 year, and other persons shall be punished by imprisonment with labor for not more than 5 years.
(3) A person who commits violence against, or intimidates, his superior shall be punished by imprisonment with labor for not more than 3 years.
(4) A person who insults or defames his superior shall be punished as follows: <Amended on Oct. 15, 2014>
1. A person who insults his superior in a face-to-face encounter shall be punished by imprisonment with labor for not more than 2 years;
2. A person who insults his superior by publishing a document, picture, or image, or by speaking publicly, or by openly expressing otherwise shall be punished by imprisonment with labor for not more than 3 years;
3. A person who defames his superior by openly stating a fact shall be punished by imprisonment with labor for not more than 2 years;
4. A person who defames his superior by openly stating false information shall be punished by imprisonment with labor for not more than 3 years.
Article 11(Application of penalty provisions) #
(1) The crimes provided in Articles 9 and 10 shall apply to obligatory firefighters, and a public prosecution may be instituted only upon an accusation by a commander.
(2) Matters necessary for the scope of commanders and complaints provided in paragraph (1) shall be prescribed by Presidential Decree.